Key facts at a glance
- It is not possible to categorically prohibit keeping cats in a rented apartment.
- Landlords can contractually stipulate that keeping cats requires a permit.
- If the tenant ignores the clause regarding the permit, the lease can be terminated for him.
A general ban on cats is not possible
Case law usually assumes that cats are small animals. In addition, the BGH has determined in several judgments that a general ban on keeping cats is not permissible. A corresponding clause in the rental agreement is therefore initially invalid, although courts can also decide differently in individual cases. This is always based on a normal household number of animals. One or two cats are rarely a problem. With five or more animals, court decisions tend to tip in favor of a landlord.
If no information is given in the rental agreement about keeping a cat, it can be assumed that it is allowed. However, it is possible that the landlord restricts the permission to a certain extent with a corresponding clause.
When the landlord can prohibit the keeping of cats
Although a general ban is not permissible, the landlord can certainly prohibit the keeping of cats in a rented apartment under certain circumstances. Ultimately, what both contracting parties have agreed with each other applies. However, this must always be an individual agreement.
If it was individually agreed in the rental agreement that keeping cats is not permitted or only permitted with prior permission from the landlord, this restriction is permissible. Because in this case, the tenant has concluded the contract accordingly and must therefore also adhere to the regulations fixed therein.
A general ban with a wording that prohibits the keeping of animals of any kind is not permissible. Likewise, cats cannot simply be banned if the lease actually allows them to be kept without restrictions.
If the landlord wants to forbid the keeping of a cat, he must have a factual reason for doing so and, in the case of corresponding contractual clauses, check in each individual case whether he can allow cats.
The situation is similar with regard to a later revocation of the permit. Here, too, general agreements that provide for revocation at any time without reasons are not permitted. Instead, the landlord must also be able to give objective reasons here, or have already agreed these in the contract with his tenant.
Possible consequences of illegal keeping a cat
It is not recommended to keep a cat despite the ban. Because under certain circumstances it can be a breach of contract, which even justifies the termination of the tenancy.
Therefore, before you get a cat, we strongly recommend that you talk to your landlord in advance. After all, you probably want to live in your current home for a few more years and not have to give up your home due to an unnecessary breach of contract.